Resolutions
and Ordinances are subject to amendment, rescission or repeal, or
readoption in whole or in part. Additional research may be necessary
to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit:
http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

These
documents are presented in Adobe Acrobat PDF*, and will open in a new
browser window. Some files may exceed 1MB in size. File size
information is provided in parentheses. All items are available for
review at the City Clerk Department, (510) 981-6900.

*To
read PDF files, download a free copy of Adobe
Acrobat Reader. If you are unable
to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us),
telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an
alternate format.

1.Proclamation
declaring October 23 through October 29, 2005 National Childhood Lead Poisoning
Prevention Week in the City of Berkeley.

2.Mayor Bates announced that the City of Berkeley will celebrate
Veterans Day on November 11, 2005.

City Manager Comments:

1.A
town hall meeting will be convened on November 10, 2005 at the St. Paul AME
Church, 2024 Ashby, to discuss health and programs focused on high blood
pressure.

2.On
October 22, 2005 the City conducted a successful disaster preparation
workshop.Additional workshops will be
held on November 5, 2005 from 10-12 at the West Berkeley Senior Center and on
December 10, 2005 from 10-12 at the North Berkeley Senior Center.

Recommendation: Adopt the
second reading of an Ordinance authorizing the City Manager to execute all
necessary documents required to sell the real property located at 2344 Sixth
Street to LifeLong Medical Care, Inc., for a sale price of $2.2 million.

Recommendation:Adopt
second reading of an Ordinance amending the Zoning Ordinance, Berkeley
Municipal Code (BMC) Section 23E.88.030, to clarify that where the Specific
Plan exempts a permitted use from the requirements of a Master Development Plan
and Use Permit, the use is subject to Zoning Conformance procedures as set forth
in BMC Chapter 23B.20.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue
contract and any subsequent amendments with the Alameda County Housing and
Community Development Department for the purposes of receiving Federal
Department of Housing and Urban Development (HUD) funds to implement a new
Shelter Plus Care grant for chronically homeless individuals in Berkeley in an
amount not to exceed $747,120 for a five-year period beginning with the date of
execution of a contract with Alameda County Housing and Community Development
Department.

Recommendation: Adopt a Resolution authorizing: 1) the City Manager to enter into a
Memorandum of Understanding with the City of Oakland Department of Human
Services and execute subsequent amendments as necessary for the Winter Shelter
Program at the Oakland Army Base; 2) payment not to exceed $42,000 for
transportation for residents to and from the Winter Shelter; and 3) payment of
up to $14,642 to provide vouchers to homeless households for emergency housing
at local motels and the Berkeley YMCA.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license with
Fix Our Ferals for short-term use of the Rod and Gun Club, a vacant Aquatic
Park building at 91 Bolivar Drive, as a pre and post sterilization recovery room
for free-roaming cats for the period November 1, 2005 to March 31, 2006.

Financial Implications: Minimal

Contact: Marc Seleznow,
Parks Recreation & Waterfront, 981-6700

Action: Moved to Action by Councilmember Moore.Moved, seconded, carried (Moore/Worthington;
Absent – Maio).Adopted Resolution No.
63,094–N.S. (PDF, 2 MB) with a stipulation by Councilmember Moore to limit the lease to a
six-month period.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Korve Engineering for on-call traffic engineering services
in an amount not to exceed $40,000 for the period November 1, 2005 to October
31, 2007.

Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment of $242,172 plus $50,000
per year over five years to the agreement with Cale Parking Systems USA, Inc.,
for Phase 2 implementation of parking pay stations, to install pay and display
stations in the North Shattuck and Southside areas, and cover associated costs
for the 5-year term of the agreement.

Recommendation: Adopt a Resolution authorizing the City Manager to
execute a purchase order with San Francisco Toyota in an amount not to exceed
$137,854 to purchase six Toyota Prius Hybrid vehicles for the City of Berkeley
fleet.

Recommendation: Concur with Transportation Commission recommendation
supporting improvements made by staff in 2005 to enhance pedestrian and bicycle
safety by highlighting the crosswalks at the Gilman Street and Curtis Street
intersection.

Recommendation: Adopt a Resolution
endorsing the Alameda County Transportation Authority’s (ACTA) proposed
Amendment No. 1 to the 1986 Alameda County Measure B Transportation Expenditure
Plan, which is required by law to be approved by 14 ACTA member cities
representing a majority of the County population.

Recommendation: Adopt a Resolution endorsing the Strategic Alliance "Taking Action
for a Healthier California: Recommendations to Improve Healthy Food and
Activity Options" and beginning implementation of the following two
recommendations: 1) ensure that a significant percentage of prepared and
vending machine foods sold at worksites are healthy and affordable; and 2)
encourage physical activity through such practices as encouraging stairway use,
providing bike racks, providing lockers and showers, and offering flextime or
breaks for physical activity.

Recommendation: Refer
the following three issues to the Community Health Commission for further
investigation, with a request to return to Council by June 2006 with specific
policy recommendations that would reduce the life threatening impacts of
smoking and second-hand smoke and tobacco industry promotions to young adults:
1) eliminate tobacco industry bar nights in Berkeley; 2) include second-hand
smoke in Berkeley’s General Nuisance ordinance; and 3) require new, publicly
funded, multi-unit housing developments to be smoke-free, and request that the
City Attorney research and inform the Council on whether it has the legal
authority to prohibit smoking in cars that aretransporting children in the city limits.

Financial Implications: Staff time

Contact: Tom Bates, Mayor,
981-7100

Action: Moved to Action by Mayor Bates.Moved, seconded, carried (Worthington/Moore;
Absent – Maio) to approve the recommendation as amended to include Police
Department review.

Action: Councilmember Capitelli announced that
he voted on this item as a member of the Zoning Adjustements Board, and he
would recuse himself.Moved to Consent by Councilmember
Worthington (Absent – Maio, Capitelli) to adopt Resolution No. 63,100–N.S.
(PDF, 4 MB)
affirming the decision of the Zoning Adjustments Board (ZAB) to approve
Administrative Use Permit 03-20000117 to construct a single-story, 977
square-foot accessory structure (3 car garage with two spaces in tandem to
serve 1732 La Vereda Road) on a vacant lot at 1734 La Vereda Road and
dismissing the appeal.

NOTICE CONCERNING YOUR
LEGAL RIGHTS: If you object to a decision by the City Council to approve or
deny a use permit or variance for a project the following requirements and restrictions
apply:1) No lawsuit challenging a City
decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code
65009(c)(5)) a use permit or variance may be filed more than 90 days after the
date the Notice of Decision of the action of the City Council is mailed. Any
lawsuit not filed within that 90-day period will be barred.2) In any lawsuit that may be filed against
a City Council decision to approve or deny a use permit or variance, the issues
and evidence will be limited to those raised by you or someone else, orally or
in writing, at a public hearing or prior to the close of the last public
hearing on the project.

Recommendation: Conduct a public hearing and upon conclusion, adopt
second reading of an Ordinance amending the Berkeley Municipal Code (BMC) to
add Chapter 19.39, establishing an Inventory of Potentially Hazardous Soft, Weak,
or Open Front Story Buildings and adopting Chapter A4 of the 2003 International
Existing Building Code and Amendments.

Financial Implications: See report

Contact:
Dan Marks, Planning and Development 981-7400

Public Testimony: The Mayor opened the public
hearing. 1 speaker.Moved, seconded,
carried (Anderson/Worthington) to close the public hearing.

Recommendation: Adopt a Resolution approving the 2005 Annual Report
of the Solano Avenue Business Improvement District (BID); declaring Council’s
intention to levy an annual assessment for the Solano Avenue BID for calendar
year 2006; and directing the City Clerk to schedule a public hearing for
November 15, 2005, to consider levying a renewed assessment for the year 2006.

Recommendation:Recommend that the City
Manager direct the Planning Department and the Planning Commission to consider
modifying the public noticing requirements for proposed land-use actions in a
manner such that effective notice to the public is maintained, but does not
contribute to urban blight via unnecessary clutter on street light poles and
other public places.

Financial Implications: See report.

Contact:
Gordon Wozniak, Councilmember District 8, 981-7180

Action: Moved, seconded,
carried (Wozniak/Capitelli; Absent – Maio) a motion to refer the item to the
City Manager and Planning Commission to consider modifying public noticing
requirements by creating an official requirement for yellow signs and
suggestions included in a letter from Steve Wollmer dated October 25, 2005.

Recommendation: Refer to the Planning Commission the following issue for discussion and
return to the City Council within 120 days with recommendations for proposed
modifications to the language of the Zoning Ordinance: 1) an addition of up to
700 sq. ft within the required setbacks be permitted on the first floor of a
residence, by right with a zoning certificate; 2) an addition of up to 500 sq
ft. to a second story and higher stories require an Administrative Use Permit;
3) clarify the language in the Zoning Ordinance on how many feet constitute a story
in residential construction.

Action: Referred to the City Manager to research
issues involving the preparation and implementation of an interim moratorium
until the Planning Commission comes back to the City Council with a
recommendation, and held over to the meeting of November 15, 2005.

Recommendation: Recommend 1) that the City
Council reaffirm its support for the full decommissioning, deconstruction and
removal of the Bevatron; and 2) refer to the City Manager for review the Peace
& Justice Commission resolution on the proposed demolition of B51 and the
Bevatron and the Draft Environmental Impact Report (DEIR), when it is released
later in the Fall of 2005. For this review, staff would have the benefit of the
comprehensive analysis of the associated environmental and historical impacts
in the DEIR.

Recommendation: Adopt a Resolution recommending that the City Council request: 1) the
Department of Energy, the Lawrence Berkeley National Laboratory and their
managing agency, the University of California, to continue with their original
plan to preserve the Bevatron Facility as a place of merit on the National
Register of Historic Places for the benefit of future interested individuals
and students of science, history and architecture; and 2) that the $85 million
budgeted for the demolition of the Bevatron be primarily redirected to the
decontamination of toxic underground plumes at Lawrence Berkeley National
Laboratory as promised with enough spared to complete the conversion of the
accelerator facility for safe public access.

Financial Implications: None

Contact: Manuel Hector,
Secretary, 981-5110

c.From:
City Manager (October
25, 2005)

Recommendation: The City Manager takesno position concerning the recommendations of the Commission.

Contact:
Fred Medrano, Health and Human Services, 981-5100

Action: Moved, seconded, carried
(Worthington/Wozniak; Absent – Maio) to refer the City Manager and Peace and
Justice recommendations back to the City Manager to provide an opportunity to
review the Draft Environmental Impact Report and report back to council with a
recommendation.